Estate of Mary K. Wetherington, Deceased, Mary Louise Ripple, Personal Representative - Page 7

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               Petitioner asks the Court to postpone entry of decision                 
          until:  (1) An extension of time to pay petitioner's Federal                 
          estate tax under section 6161(a) is no longer in effect and                  
          appeal of respondent's denial of an extension is final, or (2)               
          petitioner pays estate tax and interest it owes, whichever is                
          earlier.  Petitioner contends this situation is analogous to that            
          in Estate of Bailly v. Commissioner, supra.                                  
               Respondent contends:  (1) This case is not like Estate of               
          Bailly because no extension of time to pay tax is now in effect;             
          (2) granting petitioner's motion would prevent respondent from               
          reviewing the facts and circumstances to determine whether a                 
          hardship under section 6161 is present; and (3) Congress                     
          considered section 6161(a) when enacting section 7481(d), but did            
          not provide a remedy for petitioner's situation.  Respondent                 
          points out that if we delay entry of decision, petitioner can                
          deduct interest, the deduction of which would otherwise be                   
          precluded by entry of decision under section 6512(a).  Neither               
          party questions the Court's power to postpone entry of decision              
          in this case.                                                                
               1.   Effect of the Fact That Petitioner's Request to                    
                    Continue To Defer Tax Under Section 6161 Is Pending                
                    With The Commissioner                                              
               Respondent contends this situation is unlike that in Estate             
          of Bailly v. Commissioner, supra, because no extension of time to            
          pay tax under section 6161(a) is now in effect.  We disagree.                





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